Onshore partner visa applicants have always enjoyed the rights similar to those who have already been granted the visa, ie. Medicare, the right to remain in Australia; to work; to ability travel and return to Australia etc. This all depended on the applicant being able to lodge a valid application whilst in Australia.
Subsequent to a new Bill passed late last year, applicants for onshore partner visa would need to wait until their sponsor’s application is approved before being able to lodge a valid visa application.
The Family Violence Bill was passed in Senate late 2018. The Migration Amendment (Family Violence and Other Measures) Bill 2016 was introduced to the parliament in March 2016. The law primarily purports to protect vulnerable visa holders from family violence, such as women and children.
As a consequence of the new law, the sponsorship application for a partner visa would need to be passed before an applicant could proceed to apply for the visa application. This therefore would potentially affect onshore applicant’s ability to control when they could make a valid application.
When will the changes take place?
It is anticipated that the Act will come into effect latest by 11th June 2019.
This is because the Act will come into effect on a day ‘fixed by proclamation’ or if this date is not proclaimed within 6 months of the date of Royal Assent (10 December 2018), the day after that date. No commencement proclamation has been made yet.
What should you do?
Those who are eligible for an onshore partner visa, should look to lodge the application as soon as possible so that the changes to the law would not affect their ability to obtain a bridging visa in time.
If you are planning to lodge a partner visa onshore, then you really should proceed as soon as possible to avoid being affected by changes to eligibility requirements at the time of visa lodgement.
Get in touch with us to plan your partner visa out. Ensure you can validly remain in Australia whilst the visa is being processed and that you have the best chance of receiving a positive outcome!
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